Volokh: Case will have ramifications beyond Indiana
First Amendment scholar and UCLA law professor Eugene Volokh knows a thing or two about blogging and free speech, as namesake of the popular legal blog, The Volokh Conspiracy.
First Amendment
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Brewington case focuses First Amendment attention on Indiana
Daniel Brewington is either a poster child for the wrongful prosecution of free speech or a man whose online rants about a judge constituted criminal threats. It all depends on your point of view.
ACLU alleges IMPD officers infringed panhandlers’ free-speech rights
The ACLU of Indiana has filed a federal lawsuit claiming the city and Indianapolis Metropolitan Police Department officers violated the free speech rights of indigent panhandlers ordered to move from near Circle Center Mall last week.
Prisoner adequately stated First Amendment claim against DOC employees
The Indiana Court of Appeals quickly affirmed the dismissal of most of a prisoner’s claims regarding violations under Indiana statute or the state and federal constitutions, but found her First Amendment retaliation claims against several Department of Correction employees should not have been dismissed by the trial court.
Attorney says Washington nonprofit’s complaints are part of ‘smear’ campaign
Terre Haute conservative attorney James Bopp Jr. says that an IRS whistleblower suit and other complaints alleging Bopp has diverted funds from the nonprofit James Madison Center for Free Speech to his law firm are part of a “smear machine” by Citizens for Responsibility and Ethics in Washington.
Man loses challenge to Internet access restrictions
A convicted sex offender’s probation condition restricting his access to certain websites and programs that are frequented by children does not violate the man’s First Amendment rights, the Indiana Court of Appeals ruled Tuesday.
Police officer’s suit alleging retaliation for political comment survives
The 7th Circuit Court of Appeals has reversed summary judgment in favor of two Portage police officers and the city on a detective’s claim that he was transferred in retaliation for comments he made to a local newspaper following the mayoral primary election in 2007.
SCOTUS issues 3 decisions; opinions on Ball State case, same-sex marriage to come
Those who hoped to learn how the Supreme Court of the United States will rule on same-sex marriage likely will need to wait until next week. The U.S. justices issued three opinions Thursday, although none were from the highly anticipated cases before them.
Justices look to set arguments in Rockport, blogger’s intimidation cases
The Indiana Supreme Court may hold arguments in September on the case involving the controversial Rockport coal gasification plant as well as on the case of a Dearborn County man who was convicted of intimidation of a judge based on online rants.
Criticism of judge results in discipline case
Indianapolis attorney and blogger Paul Ogden speaks his mind, sometimes to his disadvantage, he concedes. Now he could lose his law license because of things he wrote.
Appeals court tackles sex offender use of social media
Two months after the 7th Circuit Court of Appeals struck down the state’s law prohibiting sex offenders from using certain social media sites, the Indiana Court of Appeals ruled that Indiana Code 35-42-4-12 violates an Elkhart County man’s First Amendment rights.
ACLU of Indiana claims ordinances on door-to-door canvassing violate First Amendment
The ACLU of Indiana announced Thursday it has filed lawsuits against the town of Yorktown and the city of Jeffersonville because their ordinances regulating the activities of door-to-door canvassers violate the right to free expression under the U.S. Constitution.
Is COA opinion on threat to judge a threat to rights?
Advocates say imprisoned blogger’s ruling out of the Indiana Court of Appeals imperils the First Amendment.
Settlement in works for teens expelled for online death threats
Griffith Public Schools and the three teens expelled from eighth grade because of a Facebook conversation are in the process of finalizing a settlement agreement, according to a joint status report filed Wednesday in federal court.
7th Circuit grants injunction in company’s suit against providing employees contraceptives
Finding a case out of Madison, Ind., to be nearly identical to one out of Southern Illinois challenging the federal mandate that employers must provide contraceptives to employees despite religious objections, the 7th Circuit Court of Appeals granted an injunction Wednesday.
Supreme Court denies Star appeal in online commenter case
The Indiana Supreme Court on Thursday denied transfer in The Indianapolis Star’s appeal of an order that it identify a person who posted an anonymous online comment that has been included in a defamation suit.
Star seeks rehearing on order to identify online commenter
The Indianapolis Star is asking the Court of Appeals to reconsider its order issued Dec.7 that required the newspaper to release the name of an online commenter Friday to a plaintiff who claims the remarks defamed him.
COA rules it doesn’t have jurisdiction over online comment appeal
The Indiana Court of Appeals issued a 20-page order Dec. 7 outlining why Judges Edward Najam and Elaine Brown dismissed The Indianapolis Star’s latest appeal against having to release the name of an online commenter to the plaintiff in a lawsuit.
Discussion to look at religious liberties
Happy Holidays or Merry Christmas? The ACLU of Indiana is taking a look at the battle over religious liberties at its December First Wednesdays brown bag discussion.
State urges justices to draw ‘bright line’ on school choice vouchers
Indiana Solicitor General Thomas Fisher on Wednesday urged the Indiana Supreme Court to uphold the state’s school choice voucher program, arguing that it did not constitute an unconstitutional government support of religion.